A judge in Missouri ruled on Tuesday that an insurance group in Zurich does not cover COVID-19 related business interruptions seven months after deciding in favor of the policyholder in the same case.
In a brief judgment, Kansas City-based District Judge John M. Torrence ruled Ja-Del Inc. v Zurich American Insurance Co. et al that Zurich policy excludes pandemic-related losses.
"After a review of the relevant points and authorities, the Court finds and concludes that the clear and unambiguous language of the current policy excludes damage caused by micro-organisms such as the COVID-19 virus," the judgment said.
In February, the judge ruled that Ja-Del, which operates Jack Stack Barbecue Restaurants, was liable for coverage because the policy language was ambiguous.
David Mayer, Managing Partner at Monsees & Mayer PC in Kansas City, representing Ja-Del, said that he sought a conference with the judge to obtain more information on the reasons for the amended judgment.
Zurich did not respond to a request for comment.
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